Lead Underwriter definition
Examples of Lead Underwriter in a sentence
The Company agrees that upon the closing of the Offering they will pay to the Lead Underwriter a non-accountable expense allowance (the “Non-accountable Expense Allowance”) equal to one percent (1.0%) of the gross proceeds to be received by the Company on the Closing Date and by the Company on the Option Closing Date (if applicable).
In compliance with FINRA Rule 5110(g)(5)(B), the Right of First Refusal granted hereunder may be terminated by the Company for “Cause,” which shall mean a material breach by the Lead Underwriter of this Agreement or a material failure by the Lead Underwriter to provide the services as contemplated by this Agreement.
In the event that the Engagement Letter (as defined in SECTION 17 below) between the Company and the Lead Underwriter is terminated for any reason (other than termination for Cause, as defined below) during the engagement period set forth in the Engagement Letter, the Right of First Refusal shall remain in effect for a period of twelve (12) months from the date of termination, unless otherwise agreed by the Company and the Lead Underwriter in writing.
If the Lead Underwriter declines to exercise the Right of First Refusal or is unable to provide same or more favorable terms to the Company under commercially reasonable standard, the Company shall have the right to retain any other person or persons to provide such services on terms and conditions which are not more favorable to such other person or persons than the terms presented to and declined by the Lead Underwriter.
For one year after the date of this Agreement, the Company will furnish, if not otherwise available on ▇▇▇▇▇, to the Lead Underwriter at ▇▇-▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇., ▇▇▇.